What if the consumer is not satisfied with the order of the Consumer commission?

Any consumer who is aggrieved by order of a commission can prefer an appeal in the higher commission within a specified time period from the date of the order. The appeal can be preferred

  • against an order of the District Commission before the State Commission
  • against an order of the State Commission before the National Commission
  • against an order of the National Commission before the Supreme Court

What is the pecuniary jurisdiction of the commissions?

Post the Consumer Protection Act 2019, the claims till 1 crore are heard by the District Consumer Commission. The claims beyond 1 Crore upto 10 crores are heard by the State Consumer Commission, and the claims beyond 10 crores are heard by the National Disputes Redressal Consumer Commission.

What is a “transfer of property”?

The “transfer of property” implies when a living person conveys some property to some other person immediately or at some time in the future.

How can one claim his/her right over movable properties such as bank accounts, shares and fixed deposits?

One can always approach the court in order to file a petition for obtaining the succession certificate, which basically will give access of the properties to the holder of the said certificate.

What happens if the opposite party does not turn up in the court in order to delay the litigation?

Once the summons are issued by the court upon the opposite party, it will be served by court on the address of the opposite party provided by the Plaintiff. Plaintiff should ensure to provide the correct address of the defendant so that the summons are duly served upon the Defendant. The Plaintiff may also seek a permission from the Court under Order V Rule 9A (Dasti summons) to effect service of the summons upon the Defendant on its own to further ensure that the Defendant is duly served.

In case the Court and the Plaintiff are unable to effect service of summons upon the Defendant after using all the reasonable diligence, the Plaintiff may apply to the court to seek permission to effect service through the way of a publication as per Order V Rule 17 and Rule 20 of the CPC. The service of summons upon the Defendant is presumed to be effected by way of such publication, and in case Defendant still does not appear in the case after giving him opportunities, the suit is proceeded ex-parte against him.

What is the typical procedure of a civil suit?

The typical procedure of the Civil Suit is governed as per the provisions of the Code of Civil Procedure 1908. Briefly stated, the initiation of the civil suit is generally from the Institution of the suit, moving on to Admission of the matter, service of summons, appearance of parties, filing of reply by the opposite party, framing of issues, stage of evidence, arguments and lastly the judgment.

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